(a) A Labor Relations Administrator must be appointed to effectively administer this Article as it governs selection, certification and decertification procedures and prohibited practices. The Administrator must:
(1) periodically adopt, amend, and repeal, under method (1), regulations and procedures to carry out the Administrator's duties under this Article;
(2) request from the employer or employee organization, and the employer or employee organization may at its discretion provide, any relevant assistance, service, and data that will enable the Administrator to properly carry out duties under this Article;
(3) hold hearings and make inquiries, administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, and compel by issuance of subpoenas the attendance of witnesses and the production of relevant documents;
(4) conduct elections to certify or decertify an employee organization under this Article, and issue the certification or decertification;
(5) investigate and attempt to resolve or settle, as provided in this Article, charges of engaging in prohibited practices, but the Administrator must defer to the parties' grievance procedure if:
(A) the employer and the certified representative have negotiated a valid grievance procedure to resolve disputes, and
(B) deferral to the grievance procedure would not result in the application of principles repugnant to this Article;
(6) determine whether a person is properly included in or excluded from the unit;
(7) obtain any necessary support services and make necessary expenditures in the performance of duties to the extent the County has appropriated funds for these purposes; and
(8) exercise any other powers and perform any other duties and functions specified in this Article.
(b) The Administrator must be a person with experience as a neutral in labor relations, and must not be a person who, because of vocation, employment, or affiliation, can be categorized as a representative of the interest of the employer or any employee organization.
(c) The County Executive must appoint the Administrator, subject to confirmation by the County Council, from a list of 5 nominees agreed on by the certified representative and the Chief Administrative Officer. If there is no certified representative, the Executive must appoint an Administrator, subject to confirmation by the Council. If the Council does not confirm an appointment, the Executive must appoint another person from a new agreed list of 5 nominees and submit that appointee to the Council for confirmation. The Administrator serves a term of 5 years. An incumbent Administrator is automatically reappointed for another 5-year term, subject to Council confirmation, unless, during the period between 60 and 30 days before the term expires, the certified representative notifies the Chief Administrative Officer or the employer notifies the certified representative that either objects to the reappointment.
(d) If the Administrator dies, resigns, becomes disabled, or otherwise becomes unable or ineligible to continue to serve, the Executive must appoint a new Administrator, subject to Council confirmation, to serve the remainder of the previous Administrator's term. The Administrator appointed under this subsection may be reappointed as provided in subjection (c).
(e) The Administrator must be paid a daily fee as specified in a contract with the County, and must be reimbursed for necessary expenses incurred in performing the duties of Administrator. (1996 L.M.C., ch. 21, § 1; , § 1.)
